Loading...
VNPB Protective CovenantsPROTECTIVE COVENANTS THE VILLAGE OF IMW" PROTEUMVE COVENANTS Village of North Palm Beach, Florida Protective covenants-, or private deed restrictions, have been fowid from many years (if eAperieitce to be an essentid instru- ment in maintain' ' character and desirabiliq, in community do- In velopment. Years of experience by developers all over the. nation have been drawn upon in the preparation of these covenants in an effort to create a residential community in which the individual home owner is nut unduly hampered hi the use of his property, yet is protmted against the haphazard development so familiar in older .areas. PIrcieutive covenants are not to be considered as taking the. place of public regulations such as zoning. Both hypes of regula- tion are essential and are not necessarily overlapping. Zoning by the Village of North Pal-m Beach provides for certain limited regn- Wions which are considercd iICC0SSRrY inn the interest of public health, safety and general welfare.. The protective covenants in the Village are contracts between private parties, the owners of the property involved, whieb give considerably more protection than regulations enforceable by the Village Council. The following is an abstract of these covenants, PARACHAPH I. Property Subject to This DeclaraHon All of the single family residential lots and blocks platted as the Village of North Palm Beach are subject to these Covenants, restrictions, reservations, servitudes and easements. Lots other than those restricted to single family residential purposes are sub- ject to other, separate protective covenants. PARACRAPH II. General Purpose of Co vend nts The real property described in Paragraph I hereof is sub- jected to the covenants, restrictions, reservations, servitiides and C 1 easements hereby declared to insure the best use and the most aptiropriate development and improvement of each lot thereof;. to protect the owners cif lots against such improper use of sur- rounding lots as mdll depreciate thf- value of their prop'; to pre` €er e, so far as prIc caUle, t"" "at' 'ra l heauty of said rnpert r toiard agaii s# tie ea °eMcan thereon of Ixanrly desigs c or prcr- porti0 d structures and stnac ures >uilt of imProp r or trnstlit aisle materials, to obtmn harma n taus arehiteehiral scliernes; to insure e highest aucd hest cievelnpmernt of said pro erty; to en- coxu age at d sc°cure the erection of attractive horjjrs t mot' with appropriate locations thereof ctrl hots; tea prevent haphazard and inharm:unious improvement of lots; to secure and rnaintain proper setbacks froin streets and adequate free spaces be #weed struc- tures; and, in general, to provide asfetf4Lately for a high type and tc acality of improvement in said property, and thereby enhance tl e value of investments made by purchasers of lots therein. PARAG AJ-H III. DeiniciOn of Terms 1. DWI L .INN. HOUSE, BUILDING, OUTBUILDING The wurds "Dwelling House." "Building" and 'Outhuild -inn" wher- ever used in this Declaration shall be deemed and construed to include huth tlae main portion of such stnictnre aird all projec- tions therefrom , sueln as 3 ay, bow or oriel windows, exterior chim- neys, covered parches, or porticoes, acrd the like, including any garages ineorporated in or forming a part thereof, but shall not include the unsupported eaves of such structure, LOT AND BLOCK. The words °l.ot" or "Block" wher- ever cased in this Declaration mean and refer to one of the num- bered lots or blocks of laced descrihed in Paragraph I hereof, as shown on the plat hereinabove referred tea. The numbers follow - ing the words Lot or Block or Blocks refer tra the particular lot or lots, block or block's, so numlwred on the aforesaid plat. 1 SAID PLAT_ The wurds "Said Plat- Nvherever used in this Declaration inean and refer to the plats referred to in Para - gi -aph 1 hereuf. 4. SAID PROPERTY. The %search; "Said Property- wharevey used in this Declaration me.,rci -.bind refer.'to the property described iii tlic: aforesaid Paragraph 9 herecaf. 5, SETBACK- The term "Setback" wherever used in this Declaratioia me tins the distance h twcell dwelling houses or Other stmetin-es referred to and the street or side or rear lines of the particular lot. 6. STREET. The word "Strect7 Nvberever used in this Decla- ration means and refers to any street, h! gh,%,,ray, or other thorougb - fare sho,.%.rn on said plat, or contiguous to the real property desig- nated on said plat- %%rhether designated thereon as street, avenue. boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. 7, ARCHITECTLEAL COMM ITTEE. The words - Archi- tectural Committee" wbore-ver used in this Declaration mean 9nd refer to the Architectural Committee descrihed in Parageraph V I of this Declaration. PAPAGRAM IV. uses Prombilt-d and Permitted 1. Said property shall not be used, nor shall, any portion thereof be useii for any purpose other than residence purposes. No building, other than a detached single farnitv dvvell- ing house and appurtenant outbuilding, including garages for private use, shall fie erected, constructed or maintained OIL Said property, nor shall any building constructed or erected on said property be used for any purpose other than a private. dwelling house or appurtenant cmitbuilding, including garage for private Use, 3. No dwelling house more, than two stories in height and no appurtenant outbuilding more than one story in height shall be erected, constructed or maintained on said property. 4. For the purposes of this Declaration, a private garage for the use of the owners or occupant~ (if the lot upon tvhieh said garage is erected shall be decined an outbuilding- and may he cre&M and constructed (in such lot. A private garage may be in- corporated iii and made a part of surh private dxve11ing IiC)Use as is permitted by this Declaration to be erected an the lot, No garage larger than reasonably neecss ,ary to accommodate two (2) car% shall be erected, mnstnacted or maintained on said prtipert),, Or any Part thereof, 5. When the construction of anY building on any lot is macehegun, work thereon miist be prosecuted diligently and it masthecYaraaialetedwithinareasonabletime. No building shall hie ec.. cupied daaring construction, or until made to c+ompl -Y with all re- quirements of said Declaration, R No outbuilding, garage, shed, tent, trailer car temporarybuildingofany' kind shall be erected, c mskructed, permitted ciratatintainedon 'any lot prior to Commencement of the ereetinn cifsuchdwellinghotrseRasiserrmttedhereby, and no outbuildirio, garage, shed, tent, trailer, a5+eriient or temporary building slikillheusedforpermanentortetaiporaryresidenceurposes, pro- Ilirwcwer, that this paragraph small not be deemed or con- strued to r eaat the use of a temporary c €nstnietican stied duringtheperi( of actual constmetion of any Structaire on said propertyncirtilluseofadequatesanitarytoiletfacilitiesforworkmenwhichshallbeprovidedduringsuchcoiistatetion. 7, No 1}usiness of any kind whatsoever shall he erected, n- viintained, operated' carried tin, peralaitted or conducted tin saidprciPcrty, or any part thereof, _Intl witlrciaat limiting; the generalityoftheforegoing;, no store, market_ shop, mercantile establishment. trading or arnaysemeut estiiFilishmcirt, gtaarry, pit, undertakingest, lislimeiit, crematory, cemetery, radio tower, auto can,p, traitor laud or haven, hospital, tiiihlic blahs, school, kinder- garten, or nursery scha ol, sanitariurn, jaaylurn, or institrition, an €iiaonoxious, dangerous or offensive thing, 'activity tar nuisance sh-,dlbeerected, maintained, opertitcd, eRrried can, permitted or cun- laaete€3 on said property , nr any }part there -of, rich shall anythinghedonethereonwhichmaybe, or bec€onic an annoyaance oratiuisancetotheneighborhood, he R. No sanirnais, birds or fcawl, iris laotl ng but nest lirrritcri to phew cattle, ccr e s, goats, sheep, rabbits, hares, dogs, eats, pigeons, lylieasarits, garne hirds, game Bawl, or Poultry (excetst ees hereiii- after permitted) shall he kept or maintained tin arir- piu-t of saidproperty- Dogs, cats, and pct hir€ls confined in cafes, may he keptoiltoy^ ]rit in r('iastitaalile [irimlJer3 as nets for the ple.isure and i.ose of the occupants of said lot, but not for any cornrnercial use or purpose. In no event shall any roosters, guinea. beaus or other noisy- fowl be kept for Filly purpose on any lit. 10. No stable, livery stable, or riding* academy shall be erected, conducted, carrjc' d ran, kept, permitted or maintained, rraar laall any iarrrses, p?nies, donkeys or burros, be kept upon anymartofsaidrealproperty. 1I- No trailers of any nature Shall be kept or stored (in anylot, exec t vithin an enclosed garage No boats of any natureshallbecurtorstoredonanvlotintheareaextendingfromtherearlimeofanydwellingtothefrontlotline. No trucks of anyFilatureshallbeparkedovernightonsaidpropertyexceptinanenclosedgarage, M No individual water st,pply systern shall be permitted on any lot except solely for irrigation purposes or other non - domestic case. 'Phis provision shall be suspended and shall not be enforceable in any period or periods of time during %W=hich the central water supply system is not being operated to the satis- faction of, the State board of Ilealth and;'or in aec$ur4anctie with the terms and the intent of the Trust Deed, if any, governing itsoperation. 13. No individual sewage disposal system shall be permittedon'an ]gat. This proidsion shall be suspended and shall not be en- foreeable in any period or periods of time during wbieb the eeaatral se,rage disposal SN'stern is not being operated to the satis- faction of the State Board of Health and/or in accordance with the terrors and the intent of tlzt operation, Tnast Deed, if any, governing its 1f hxe,a,GRAM V, 4x,provaliof PlamT and Locaiio,of Siructures L No building, outbuilding, garage, fence, wall, retainingwall, or other structure of any ki ud shall he erected, constr- ucted, placed nr maintained on said real property, or any part thereof, nor shall any alteration, addition, changing, repairing, rea jiadel- ing, or adding to the exterior thereof be. made, sunless prior to the commencement of any construction. excavation, or other work, tWO complete plans and specifications therefor, iuchid ng front, side and rear elevations and floor plans for each floor and base- T6nt, and two plot plans indicating and Lying the exact location of such structures or *itch altered 5tnictire on the lot with refer- ence to the street and side, lines thereof sbA- Live been first sub- initted in writing for approve 1, and a proved in writing by an AnAutectural Committee whose nic 1%ers: shall consist of the following; a) One inember appoiuted by Declarant, b) One member appointed by the Village Council of the Village of North Falm Beach, Florida, e) One member, who -shall be an architect licensed to prac- tiec in the State of Florida, appointed by Declarant. In the event of the failure, refusal or inability to act (if any member appointed by Declar iirit, and in the event Declarant fails to fall any "ich vacancy within thirty (30) days of such (K- currance, the Village Council and the Village Of North Palm reach, Florida shall fill any such vacancy by the appointinent of such members. The Architect-Lira] Cornnidttec -shall approve only those plans and specifications which shill inset the minitnum standards re- quired by the. Building Code of the Village of North Patin Beach, Florida, ws revised or amended froin time ti) tune. 2. Such Mans and specifications shall provide for the installa- tion Of c.()ucrctc sidewalks five (5) feet in width and adequate approaches Or tUMOLAS which shall meet the minimurn standards required by the 'Village of North Palm Beach, Florida, and as revised or amended by said Village froni time to tinw- Such in- stallation of sidewalks and approaches or turnouts shall he com- pleted prior to occupation of the dwelling by its occupants. I Nn roof of any dwelling or outbuilding shall have a pitch of lass than 1-5. U) provided, howcvcr, that with the prior written consent of the Architectural Committee, attached garages and car Ix)lr-tes way have a pitch as approved by the Ar chitectirat 4. Approval of plaits, specifications and location of bilildings by the Architectural Connuittoc shall be endorsetl on both seta of said plans and specifications, and one set shall forthwith he re- turned by the Architectural Committee to the person submitting* the same:. 5. The approval of the Architectrrraxl Committee of any plans ors ecifications s ibmi.tted for approval, as hercin s} ified, shall not be deemed to he a waiver by the Architectural Cornrr ittee of the right to object to any of the fe-attires or elements embodied in ac h plans or specifications if and, when the saznie features or elements are embodied in any subsequent plans and specifications submitted for approval for use n z ether lots. fi. After such plans and specifications and other data sub - mitted have been approved by the Architectural Cominittee, no building, outbuilding, garage, fence, wall, retaining wall, or other struCh3re of any kind shall be erected, constructoid, placed, altered or maintained upon said property »nless the same shall be erected, constructed or altered in car nfornnity with the plans and specifica- tiotis, and plat plans theretofore approved by the Architectural Coiranittee or its duly appointed agent, as provided in Para - graph N' hereof. If any° building, outbuilding, garage, fence, wall, retaining, wall, or other structure of any kind shall be erected, constructed, placed, altered or maintained rpon said property, ether than in accordance with the plans and specifications and plot plan therefor, approved by the krehitectural Committee, such erection, cxrnstruction, placi , alteration and maintenance shall be deerned to have been uu ertaken 'without the approval c)f the Architectural Committee ever having been ohtainca as re- quired by this Declaration. i. (a) After the expiration of one year from the date of c0m pleti:ou of any structure or alteration, such structure or alteration shall he deemed to comply wv ith all of the prow isic ns of rara- gra .. h V hereof unle&s notice to the contrary slr:rll have 1preal rc- corcled in the office of the Clerk of the Circuit Court, in and for Palm beach County, Florida, or legal proceedings shall have been instituted. to enforce -,,mch compliance. b) in the event that the Architectural Committee shall fail, for a period of thirty (30) days to approve or riisapprove any plans, specifications, or plot plans, submitted to it for approval, the same shall be deemed to have been approved. 8. Any agent or member of the Architeehrral. Committee inav at any reasonable time enter and inspect any building or property subject to the jurisdiction of the Architectural Corn- mittee tinder construction or on or in which such agent or mem- ber may believe that a violation of the covenant-S, Tf,-_5t7iCfiOJJS, reservations, servitudes or easements is Occurring or has occurred. 9- Prior to the occupancy of any dwelling constructed or erected on any such lot, the prospective occupants thereof shall obtain a Certificate of Occupancy issued by the Arebitmtural Committee certifying that the construction thereof has been corn- pleted in accordance with the plans and specifications approved by the Architectural Committee. No dwelling shall be occupied prior to the issuance of such Certificate of Occupanev. The Archi- tectural Committee may, from time to time delegate to a person or persons ri ht to approve or disapprove the plaais and specifi- cations and plot plans and to issue such Certificates of Gccupancy. PAAAGR"H VI. Setbacks and Free Spaces of Buildings L No building and no addition to any building and no struc- ture or object shall be erected, placed or maintained on any lot nearer to the front, side and back lines of any lot than those dis- tances shown oa Insert A attached to this Declaration. Screened enclosures may be erected and imiintained within said side and mar setback areas provided said screened enclosures shall not be erected or maintained nearer than five (5) feet to the side or back line of any lot. In the case. of corner lots, the front line shall be that line adjoining a street having a shorter dimension of any march lot as shown on said Plat. 2. In the case of kk; abutting on waterways docks, tie poles, dolpbinq and other stn waterways, may be erected and main- tained on any of such lots pro-dded that the plans and specifica- tions and the lccation of any such stnictureq shall have been first submitted for approval, and approved in writing, by the Architec- viral Committee. 3. Swimming pools, the highest projection of which shall not exceed two (2) feet in height, outdoor flTeplace% nut to ex- ceed six (6) feet in height, and detached garages not more than one (I ) story. in height, may be erected and maintained within said rear setback area provided such ..gwimrning pools, outdoor 10 fireplaces and detached garages shall rant be erected and wain - tained ra rer than seven and rune -half (71/z) feet to the rear line of any such lot. Walls and fcne'es not to exceed four (4) feet in height, and hedges shall not be subject to the foregoing setback restrictions. Anything in this Paragraph VI to the contrary noMth- standing, nai the event one lot, or a portion thereof, and the whole or a portion of a contiguous lots all in one ownership, shall be wed as one huildin {g site for one residence building and its ap- purtenant outbuildings permitted by this Declaration thew while sra owned and u"— tlic sick lines and rear liae of such site shall, for the purposes of this Paragraph VI, he deemed to be the side Iot lines quid the rear lot line of such :sites. 1'AH C,ftAPx V11. Area Improve enis and. Construction MaterWs, Offsite. Parkin 1. No single family dwelling house having a ground floor area (exclusive of porches, terraces, porticoes a d patios) of less than those minimum square foot areas shower on Insert A attached to this Declaration shall he erected, constructed or maintained on said property. Where a single or double carporte or garage is attached to the dwelling house, the required ground floor square foot area may he reduced as shown on said Insert JL 2. [finless and until 'ATitten authorization shall be obtained from the Architectural Committee, no residence building, out- buildiug, garage or other structure shall he constructed of any material except new material. 3. No dwelling hoirw shall be erected, without providing a parking space consisting of a divahle surfaced area, enclosed in the dvvellia,g house, in an outbuilding, or unenulos d sufficient in size to stare one (1) standard automobile, exclusive of a sur- faced driveway connecting the parking space with a street and permitting ingress and egress of an autrnnobile. 11 PAncri t L-H NqI 1 Lots Not more than one dwelling house shall be erected, enn- structed or maintained upon any one lot or upon any building site consisting of one or more lots, all of one lot and iaart of an- other or of cointiguous parts of two which will forni an integral unit of land suit lc for use as a building _site for a dwelling. No building site shall consist of less lanai t an is contained ire. one of the lots in the block in which suet site is located. No resub- dlNrifdon "I be trennitte4l except as aforesaid. PArcAt RAM IX. Streets, Easemwnts, Reserua ons, Bights of Way, and Additional Restrictions 1. 'No title to hand in any street is intended to be conveyed, or shall be conveyed to the grailtee Mader any decd, or to the purchaser under any contract of purchase.. finless expressly so provided in such deed or contract of purchase. 2. Easements, reservations and rights of way may be re- ser %'cd by Declarant, its successors and assigns, iii any Luilvey- ance it or they may rrnake of said property or any portion thereof. Declarant may include in any contract or deed Hereafter inade additional protective covenants and restrictions not incon- sistent with those contained herein, 4. No dwelling house, arage, outbuildings, or other stnie- ture of any kind shall be Built, erected, or maintained upon any sUch easements, reservations or frights of way, and said eascment4, reservations or rights of way shall, at all times, be open and ac- Cessible to public and qu si- public utility carixnrations, and other persons erecting, constnicting or servicing such utilities and quasi-public utilities, and to Declarant, its successors and assigns, ill of whom shall have the right of ingress and c ss thereto and therefrom, and the right and prhilege of d {ring wtgatever May be necessary in, ender and upon said locations for the carrying out of any of the pnirposcs for .w hieh said casements, reservations and rights of way are reserved, or may hereAfter be reserved. 12 1pAAAGRAP1; X. Sighs No signs, or other advertising device: of any character shall be erected, papsted, pasted, displayed or permitted upon or about any part of said property, except one sign of nut mare than liveti (5) square. feet in area, advertising the property feu sale or rent, and signs used by a builder to advertise the property during cons true;. Lion and sales period. providcd, however, that any sucli builder's si ,ms shall be subject to approval by the Architectural f_ ominitte.e. pMl. CHAPki XI. Sca;iM, Duration of coven amts, Restrictions, Reseruatiow, Se?rvVudes, and E aTenw its 1. All of the covenants, restrictions, reservatiulls, serviihide:s acrd easements set forth in this Declaration are imposed upon said property for the direct benefit thereof and of they owners thereof as a part of the general plan (if development, improvement, build- ing, equipment, and mawteuance of said property. Each grantetie ear pi rchaser undcIr a contract of sale or ;agreement of purchase, by acce=pting a decd or contract of sale or agreernent of purchase; accepts the same subject to the eovcnaauts, restrictions, reserva- tions, servitudes and easements, set forth in this I]eclaration, and agrees to,be bound by each such covenant, restrictions, reserva- tions, servitude and easements, Said covenants, restrictions, reser- vations, servitudes and easements shall rnn with the land and continue to be in fuIl force and effect, except as hereinafter pro- vided, until the first day of Janulry, 1951. Said covenants, restrictions, resen°ations, servitudes and ease - ments as are in force on said first alai of January-, 192 ], shall he continued automatically and without further notice from that time for a period of ten (10) years and thereafter far suece ssive pperiads of ten (10) years each, without limitation, unless within six (6) rncanths prior to the expiration of any snecessive period of teal (10) years thereafter, to vwrittcn agreement excetiuted by the then record o%vners of lots in the property subiect to this Declara- tion, Having an aggregate area equivalent to not less than Fty (50 per cent of the area of the total number, of lots then subject to this Declaratitm shall be placed on record in the office of the 13 Clerk of the Circuit Court of Pahn Beach County, Florida, in which agreement any of tiie covenants, restrictions, reservations, servitudes and easements may be changed, modified, waived or extinguished in whale or in part, as to all or any part of the property then subject thereto in the manner and to the extent therein prcovided. In the event that any such written agreement of change or modifieRtion be fully executed and recorded, the original cove- nants, restrictions, reservations, servitudes and easements as there- in modified shall continue in force for successive periods of ten 10) years each, unless and until further eltanged, modified or ex- tiaguished, in the manner herein provided. 3. Damages are hereby declared neat to he adequate c rnpen- sation for any breach cif the covenants, restrictions, reservations, s.ervithides, or easements of this Declaration, but such breach and the continuance thereof may he enjoined, abated and remedied by appropriate proceedings by the Declarant, the Arehitectural Committee. or by an owner of any lot in said property. PARAGRAPH XII. Modification anti. Annulnw it of Covenants, Restrictions, Rcscruations and SEruituflesr Any of the covenants, restrictions. reservations, servitudes and easements wiltained in this Declaration, except those set forth in subdivisiom 1„ 2, 7, 8, 9, 10, 11,12 and 13 of Paragraph IN may he annulled, waived, changed or modified with respect to all or any portion of said property by Declarant, with the written consent of the owner or fawners of reword of the property to which such anntclment, waiver, change or modification shall apply. F,t otihPIi XIIL St bcardinutum of Cotwnants, Restrictions, Reservations, Servitudes and Eas rna nts All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration shall be subject to and sub - ordinate to any recorded mortgage or deed of trust in goad faith and for value at any time heretofore or hereafter executed cover- ing any Bart of said property, and the broach of any such cove - 14 marts, restrictions, reservations, servitudes and easements shall not defeat the lien or encumbrance of any Such mcartgatgc or Bleed of trust; provided, however the purchwwr at any forcc6Ure wale under ar y such mortgage or devd of trust, Ws or its suc ves, -,?rs and assigns, shall take and thereafter hold the titles bject to all of the covenants, restrictions, reservations, :servitLAes and easements set forth in this LXU- aration_ FARA( -. AI'H xIV, V olaNim of Covenants, Fiestrkluins•, Resmr ions, A breach or violation Of any cif the covenants, restrictions, rm5servatioms, servitudes and easements shall give tea the Declarant, and to the Architectural C ommittvc, jointly and severally-, the right to irnammedlate entry upon the property upiin which sueh violation exists, and suminarily to abate and remove, at the ex- pense of the owner thereof, any erection, structure. building. thing or condition that may be or exist thereon contrary to this Declaration, and to the true intent and' meaning of the provisions hereof, and the Declarant or the architectural Cbrninittec shall not thereby be dff.med guilty of arty manner of trespass fear such entry, abatement, or renlcsvami nor _shall the Declarant or the Architectural ante iittee he liable for any danlage, oceasionecl thereby. The retizilt of c 4-ery act of omission or commission, or the violation of any covenant, restriction, reservation, servitude, and easement, hereof, whether such covenant, restriction, reservation, sere,itlade and easement is violated in whole or in part, is hereby declared to be attxcl to ccaustitUtc a rmuisar7ce, and every remedy allowed by law or ectaaity against a nuisance., either public or private, shall be applicable against any such owner of any lot, and may be prohibited and enjoined by injunction. Such remedy shall be deemed ew iulatve and not exclusive. Where an action, suit or other judicial proceeding is imsti- tuted or brought [or the. enforcement cif these covenants, restric- tions, reservations, scr ltiides and ea-sement;s, the losing party in, such litigation shall pay all expense, including a reasonable at- torney's fee, incurred by the rather party in such legal proceeding. 15 PAMACPAPH V- Right to Enforce The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant. the Asehitectural C-.oraarnittec, or by the owner or owners of any por- tion of said property, their and each of their legal rcpresentatives, heirs, successors and assigns. and failure by Declarant, the Archi- tectural Committee, or by the owner or owners of any portion of said property or their legal representatives, heirs, successors; or assigns, to enforce any of such coMvenatats, restrictions, reserva- tions, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, un- less otherwise herein prnvided. I'nn.LGRAPH XV5- ASSjgnrrietit Of ,FOUTfS Any and all rights ,and p awers and reservations of the Decla- rant herein contained may lae deeded, conveyed or assigned to another rporatiou, en- partnershipg or I dividual and upon such corporation,. co- p:artnertihip or individual evidencing its consent in writing to accept such assignment and to assume such dutiesandpowers:, it shall, to the extent of such decd, conveyance orassignment, have the same rights and powers:, and be subject to the same obligations and duties as are given tr) and a ssthe } 1med by Declarant herein and thereupon Declarant shall he relieved of the perfori-nance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment In the event Declarant shall convey all of its right, title and interest in and to the real property described in Paragraph I hereof and shall assign all of its rights, powers; and privileges u17der this Declaration to another corporation, co- partnersh%p, or individual and such assignee should, by ittstrnment in writing dull- executed, acknowledged and recorded in the office of theMerleoftheCircuitCourtofPalmBeachCounty, Floriida, ac= rcpt such conveyance and assurne and agree to be bound by each arad all of the obligations and duties hereby imposed upon the Declarant, then and in that event Declarant shall be relieved of the performance of ally further duty or obligation hereunder and such other corpvratioia, co- partnership or individual shall succeed 16 to all of the rights, Powers, reservations, obligations -ujd duties as though such other party had originally been named as Declarant instead of DeultiLrant PAPLAGFUU-14 XV 11, Al arginal Notes and Headings of Paragraphs The marginal notes and headings as to the contents of par- ticular paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they intended to be, a part of this Deckration, or in any way define, firnit or describe the scor of intent of that particular section or paragraph to which they refer. PARAGRAPH VI11. The Variota Parts of This DeClaration Are Sn-,erable In the event an), clause, subdivision, term, provision or part of this Declaration should be adjudicated by final judgment of any court of co E-n petent jurisdiction to be invalid or unenforeeable, then disregarding the paragraph, subdivision, term, provision or part of this Declaration as adjudicated to be invalid or unenforce- able, the remainder of this Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unen- forceable, shall remain in fiall force and effect, and each and all of the piragraphs, subdivisions, terms, provisions, or parts of this Declaratinn are hereby declared to be severable and independent of each other- The property is also subject to certain casements and restric- tions shown on the recorded plats wid certain casements granted to North Palm Beach 'Utilities, Inc., Green's Fuel of 11(yrida Gor- poration, Florida Power & Light Company, and Southern Bell Telephone and Telegraph Company, 17 INSERT "A" TO DECLARATION OF PROTECTI IE COVE, AYrs NORTH PALM BEACH. FLORIDAIDA PARAGRAP11 Vf.—Setb cks. Bhwks /mots IF'rollt j,ine. Side Street Side Lire Rear Lire Plat P Blocks 2 thru 7 . 25 fect 20 feet 10 feet 20 feet Block 9A _ . . . 25 feet 25 feet 10 feet 20 feet Blocks 10 thru 55 . . . . . . . 25 feet 20 feet 10 feet 20 feet Plat 20 Block A Lots 2 thru 44; Blocks 27 and 28; Block: 29, Lets 1 thru 9 . _ . . . _. 9-5 feet 20 feet 10 feet 20 f N't Plat ,'3: Block 31, Lots 2 thru 14; Bloat 32, Lots 4 thru 7; Black 33, Lots 2 tgrru 12, 15 thru, 31; l ko+ck 34, Ieot 1 tluu 10; Block 35, Lots thru 14 . 25 Feet] fact 10 fact 20 fact i Cowi", Chub Addition Block 1, Lots 18 thru 32; Mocks 2 thruu [i, and Bleck.s 8 thru 11 _ 30 Pest 20 feet 10 feet 20 feet Block 1, Lots 1.7 and 33 _ 30 feet 35 feet fa'eet 24 feet 111 feet 10 feet 20 feet 24 feet 1Bluck 7, ].nits 1 thni 12 _ PArLAraAprr i ii,— Minimufn Square Foot An —las. Plat is Blcrcks 2 thn, 7, Blocks lit thru 9,5 . . . . . . Plat #1 Block 28, Lots 2 thru 44; Blocks 27 and 28; Block 29, Luts 1 tluu 9 . Plat #3: Block- 31., Lots 2 tbru 14; Block 32. Lots 4 thnx 7; Block. 33, Lots 2 thnr 1?, 15 thni 31; Block 31, Lot 1 thm 10; Block 35, Lots 7 thLL10. _ . . . . _ . . . . Country Club Addition; Block 1, Lots 17 tlsru 13; Block 2; Black 3 Lots 17 thru 34, Block 111, 1A)ts 1 thril 17, Block 11, Lots 1 thru 9 . _ . . . _ . . Block ?3, i,ots 1 thm 16; Block 4, i ,ots 1 duu 28; Block 15, I .ots 1 thrkl 14; Block 6, tots 1 thri, 217; Block 71 Lots 1 tbni 12; 1 k '8 L t 1 th 21 peductimi for Reduction for Stugle +C ara.e Double Garage car iC.r"rte err carporte 12M square feet too sqjare feet 100 square feet 12M square feet 1f10 sgaiare feet 11: square feet 1200 square feet 144 FVILLare feet 100 square feet 1 0 sgtjare feet 100 square feet 150 square feet B oe ru , Block 4, Lots 1 t?bru 19, - 2000 square Feet 100 :square feet 200 square feet III case of any doubt as to the foregoing referenoc should be made. in all cL-;e+ to the re- eorci d protective covenants "Ith reference to the Particular ](It in question.